[House Report 111-332]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-332
======================================================================
CRUISE VESSEL SECURITY AND SAFETY ACT OF 2009
_______
November 7, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3360]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3360) to amend title 46, United
States Code, to establish requirements to ensure the security
and safety of passengers and crew on cruise vessels, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Legislation
H.R. 3360, the ``Cruise Vessel Security and Safety Act of
2009'', imposes new security and safety requirements on cruise
ships that carry at least 250 passengers and call on a port in
the United States, except as part of a coastwise voyage.
Background and Need for Legislation
H.R. 3360 contains a number of provisions that will enhance
the safety and security of passengers on board cruise vessels.
As on land, crimes occur on cruise vessels. Statistics
suggest that the rate of reported incidents on board cruise
vessels is low; however, prosecutions for reported incidents
are also very rare. Additionally, except for U.S.-flagged
vessels or foreign-flagged vessels operating in an area subject
to the direct jurisdiction of the United States, there are no
Federal statutes or regulations that explicitly require cruise
lines to report alleged crimes to U.S. government officials.
American citizens who travel on cruise ships are subject to
the laws of the vessel's flag state, which may not afford them
the same rights and protections in the event of a crime that
would be afforded under U.S. law.
The Subcommittee on Coast Guard and Maritime Transportation
(Subcommittee) held two hearings in 2007 to examine the extent
of crimes on cruise ships and the effectiveness of current
measures in preventing crimes on cruise ships and in ensuring
the prosecution of individuals who commit crimes against
Americans on cruises. Many of the individuals that testified
before the Subcommittee had been the victims or the families of
victims of crimes aboard cruise ships. They recounted
practices, procedures, and responses that did not support the
effective investigation or prosecution of their cases or, in
some instances, did not even ensure that they received
sensitive and supportive care in moments of great vulnerability
and need.
Cruise ships with foreign registries are required by law to
report alleged crimes occurring on board their vessels to U.S.
authorities when they occur within U.S. territorial waters (see
33 CFR Sec. 120.220). Under current regulations, cruise ships
have not been required to report crimes to U.S. authorities
that occur outside U.S. territorial waters under any
circumstances (and even if U.S. nationals are involved).
However, title 18, United States Code, identifies specific
crimes over which the United States may assert criminal
jurisdiction under what is known as the Special Maritime and
Territorial Jurisdiction. Such jurisdiction applies if:
the ship on which the crime occurs--even if
is not registered in the United States is owned in
whole or in part by U.S. entities and the ship is in
the admiralty and maritime jurisdiction of the United
States and out of the jurisdiction of any particular
state;
the alleged offense is committed by or against a
U.S. national and is committed outside the jurisdiction of any
nation;
the crime occurs in U.S. territorial waters,
regardless of the registration of the vessel or the nationality
of the victim or perpetrator; or,
the victim or perpetrator is a U.S. national on
board a vessel during a voyage that departed from or will
arrive in a U.S. port.
If committed under any of the circumstances described
above, the crimes over which the United States may assert
jurisdiction include arson, assault, maiming, embezzlement or
theft, receipt of stolen property, murder, manslaughter,
attempt to commit murder or manslaughter, kidnapping, malicious
mischief, robbery and burglary, stowaway, aggravated sexual
abuse, sexual abuse, abusive contact of a minor or ward,
abusive sexual contact, terrorism, and transportation for
illegal sexual activity.
H.R. 3360 requires that, beginning 18 months after the date
of enactment of the Act, each vessel to which the section
applies must comply with specific design and construction
standards. The vessels must have rails located not less than 42
inches above the cabin deck, and must have passenger staterooms
and crew cabins equipped with peep holes or other means of
visual identification. To the extent that technology is
available, the vessels must integrate technology that can
detect when passengers have fallen overboard. The vessel must
also be equipped with operable acoustic hailing or warning
devices to provide communication capability around the entire
vessel when it is operating in high risk waters, as defined by
the Coast Guard. Beginning on the date of enactment of the Act,
any vessel the keel of which is laid after the date of
enactment of the Act must equip passenger staterooms and cabins
with security latches and time-sensitive key technologies.
To help combat crimes aboard cruise vessels, H.R. 3360 also
requires that the owner of a vessel maintain a video
surveillance system to assist in documenting crimes on the
vessel and to provide evidence for the prosecution of such
crimes. In addition, the bill requires owners of vessels to
employ physicians meeting certain professional qualifications
and to maintain on the vessel adequate, in-date supplies of
anti-retroviral medications and other medications designed to
prevent the transmission of sexually transmitted diseases after
a sexual assault, as well as equipment and materials for
performing medical examinations in sexual assault cases. H.R.
3360 also requires the owner of a vessel to record in a log
book, either electronically or otherwise, reports on specified
complaints.
In addition, the bill requires the owner of a vessel or the
owner's designee to contact the nearest Federal Bureau of
Investigation (FBI) Field Office or Legal Attache by telephone
as soon as possible after the occurrence on board the vessel of
an incident involving homicide, suspicious death, a missing
U.S. national, kidnapping, assault with serious bodily injury,
any offense to which 18 U.S.C. Sec. 2241, 2242, 2243, or
2244(a), or (c) applies, firing or tampering with the vessel or
theft of money or property in excess of $10,000 to report the
incident.
These reporting requirements apply to an incident involving
criminal activity if:
the vessel, regardless of registry, is
owned, in whole or in part, by a U.S. person,
regardless of the nationality of the victim or
perpetrator and the incident occurs when the vessel is
within the admiralty and maritime jurisdiction of the
United States and outside the jurisdiction of any
State;
the incident concerns an offense by or
against a U.S. national committed outside the
jurisdiction of any nation;
the incident occurs in the Territorial Sea
of the United States, regardless of the nationality of
the vessel, the victim, or the perpetrator; or
the incident concerns a victim or
perpetrator who is a U.S. national on a vessel that
departed from or will arrive at a U.S. port.
The Secretary of Transportation is required to maintain a
statistical compilation of certain incidents on an Internet
site that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report that are no
longer under investigation. The data shall be updated no less
frequently than quarterly and aggregated by cruise line (and
each cruise line shall be identified by name), and by whether
the crime was committed by a passenger or a crew member. Each
cruise line taking on or discharging passengers in the United
States shall include a link on its Internet website to the
website maintained by the Secretary of Transportation.
Summary of the Legislation
Section 1. Short title; table of contents
Section 1 specifies that the Act may be cited as the
``Cruise Vessel Security and Safety Act of 2009''.
Sec. 2. Findings
Section 2 presents several findings regarding crime aboard
cruise ships.
Sec. 3. Cruise vessel security and safety requirements
Section 3 adds a new section 3507 to title 46, United
States Code.
Subsection (a) requires that beginning 18 months after the
date of enactment of the Act, each vessel to which the section
applies must comply with specific design and construction
standards. The vessels must have rails located not less than 42
inches above the cabin deck, and must have passenger staterooms
and crew cabins equipped with peep holes or other means of
visual identification. To the extent that technology is
available, the vessels must integrate technology that can
detect when passengers have fallen overboard. The vessels must
also be equipped with operable acoustic hailing or warning
devices to provide communication capability around the entire
vessel when it is operating in high risk waters as defined by
the Coast Guard.
Immediately upon enactment of the Act, any vessel, the keel
of which is laid after the date of enactment of the Act, must
equip passenger staterooms and cabins with security latches and
time sensitive key technologies.
Subsection (b) requires that the owner of a vessel to which
the section applies shall maintain a video surveillance system
to assist in documenting crimes on the vessel, and to provide
evidence for the prosecution of such crimes. Any law
enforcement official performing official duties in the course
and scope of an investigation shall be provided access by the
ship owner to a copy of all video records generated by the
surveillance system upon request.
Subsection (c) requires that the owner of a vessel to which
the section applies shall provide, in each passenger stateroom,
information regarding the locations of the U.S. consulate and
the U.S. embassy for each country the vessel will visit during
its voyage.
Subsection (d) requires that the owner of a vessel to which
the section applies shall maintain on the vessel adequate, in-
date supplies of anti-retroviral medications and other
medications designed to prevent the transmission of sexually
transmitted diseases after a sexual assault. The vessel must
also maintain equipment and materials for performing medical
examinations in sexual assault cases and to evaluate the
patient for trauma, provide medical care, and preserve
evidence. Further, there must be available at all times on the
vessel's medical staff who possess a current physician's or
registered nurse's license; who have either at least three
years of post-graduate or post-registration clinical practice
in general and emergency medicine or board certification in
emergency medicine, family practice medicine, or internal
medicine; and who meet guidelines established by the American
College of Emergency Physicians, and are able to provide
assistance in the event of an alleged sexual assault, including
conducting forensic sexual assault exams and administering
proper medical treatment to assault victims.
The vessel owner must prepare and provide to the patient
and maintain written documentation of the findings of medical
examinations conducted after an alleged assault, and these
results must be signed by the patient.
The vessel owner must also provide to the victim of an
alleged sexual assault free and immediate access to contact
information for local law enforcement, the FBI, the Coast
Guard, the nearest U.S. consulate or embassy, and the National
Sexual Assault Hotline program or other third party victim
advocacy hotline service. The vessel owner must also make
available a private telephone line and Internet-accessible
computer terminal so that the victim may confidentially access
law enforcement officials, an attorney, and the information and
support services available through the National Sexual Assault
Hotline program or other third party victim advocacy hotline
service.
Subsection (e) requires that the master or other individual
in charge of a vessel to which this section applies shall treat
information concerning a medical examination performed
following an alleged sexual assault confidential so that no
information may be released to the cruise line or other owner
of the vessel or any legal representative thereof without the
prior knowledge and written approval of the patient or the
patient's next-of-kin as appropriate. However, information
other than medical findings necessary for the master to comply
with log book reporting requirements or other reporting
requirements or to secure the safety of passengers and crew
members may be released and information may be released to law
enforcement officials performing official duties in the course
and scope of an investigation.
The master or other individual in charge of a vessel to
which this section applies must also treat information derived
from post-assault counseling or other supportive services as
confidential. No information may be released to the cruise line
or any legal representative of the cruise line without the
prior knowledge and written approval of the patient or the
patient's next-of-kin as appropriate.
Subsection (f) requires that the owner of a vessel to which
this section applies shall establish and implement procedures
and restrictions concerning which crewmembers have access to
passenger staterooms, the period during which they have access,
and shall ensure that the procedures and restrictions are fully
and properly implemented and periodically reviewed.
Subsection (g) requires that the owner of a vessel to which
this section applies shall record in a log book, either
electronically or otherwise, in a centralized location readily
accessible to law enforcement a report on all complaints of
certain crimes, all complaints of theft of property valued in
excess of $1,000, and all complaints of other crimes committed
on any voyage that embarks and disembarks passengers in the
United States. The owner must make the log book available upon
request to the FBI, the Coast Guard, and any law enforcement
officer performing official duties in the course and scope of
an investigation.
This subsection requires that entries into log books
recording alleged crimes shall include, at a minimum, the name
of the vessel operator/cruise line; the flag of the vessel; the
age and gender of the victim and assailant; the nature of the
alleged crime; the vessel's position at the time of the
incident or, if that is not known, the position at the time the
incident was reported; the time, date, and method of the
initial report and of the incident; the total number of
passengers and crew on the voyage; and the case number of the
report.
This subsection also requires the vessel's owner or
designee to contact the nearest FBI Field Office or Legal
Attach by telephone as soon as possible after the occurrence on
board the vessel of an incident involving homicide, suspicious
death, a missing U.S. national, kidnapping, assault with
serious bodily injury, any offense to which 18 U.S.C.
Sec. Sec. 2241, 2242, 2243, or 2244(a), or (c) applies, firing
or tampering with the vessel or theft of money or property in
excess of $10,000 to report the incident.
These reporting requirements apply to an incident involving
criminal activity if:
the vessel, regardless of registry, is
owned, in whole or in part, by a U.S. person,
regardless of the nationality of the victim or
perpetrator and the incident occurs when the vessel is
within the admiralty and maritime jurisdiction of the
United States and outside the jurisdiction of any
State;
the incident concerns an offense by or
against a U.S. national committed outside the
jurisdiction of any nation;
the incident occurs in the Territorial Sea
of the United States, regardless of the nationality of
the vessel, the victim, or the perpetrator; or
the incident concerns a victim or
perpetrator who is a U.S. national on a vessel that
departed from or will arrive at a U.S. port.
The Secretary of Transportation is required to maintain a
statistical compilation of certain incidents on an Internet
site that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report that are no
longer under investigation. The data shall be updated no less
frequently than quarterly and aggregated by cruise line (and
each cruise line shall be identified by name), and by whether
the crime was committed by a passenger or a crew member. Each
cruise line taking on or discharging passengers in the United
States shall include a link on its Internet website to the
website maintained by the Secretary of Transportation.
Subsection (h) states that any person who violates this
section or a regulation under this section shall be liable for
a civil penalty of not more than $25,000 for each day during
which the violation continues, except that the maximum penalty
will be $50,000. Any person that willfully violates this
section, or a regulation under the section, shall be fined not
more than $250,000 or imprisoned not more than one year, or
both. Further, entry into a U.S. port may be denied to a vessel
to which this section applies if the owner of the vessel
commits an act or omission for which a penalty may be imposed
or fails to pay a penalty imposed on the owner under this
subsection.
Subsection (i) requires that within six months of the date
of enactment of the Act, the Secretary shall issue guidelines,
training curricula, and inspection and certification procedures
necessary to carry out the requirements of this section.
Subsection (j) requires that the Secretary of
Transportation and the Commandant of the Coast Guard to each
issue regulations necessary to implement this section.
Subsection (k) states that this section and section 3508
applies to a passenger vessel that is authorized to carry at
least 250 passengers, has onboard sleeping facilities for each
passenger, is on a voyage that embarks or disembarks passengers
in the United States, and is not engaged on a coastwise voyage.
The Act does not apply to vessels of the United States, or
vessels owned and operated by a State.
Subsection (l) defines the term owner to mean the owner,
charterer, managing operator, master, or other individual in
charge of a vessel.
Section 3 also adds a new section 3508 to title 46, United
States Code, which establishes standards for crime scene
preservation training and passenger vessel crewmembers.
Section 3508(a) states that the Secretary of the department
in which the Coast Guard is operating, in consultation with the
Director of the FBI and the Administrator of the Maritime
Administration, shall develop training standards and curricula
to allow for the certification of passenger vessel security
personnel and crewmembers on the appropriate methods for
prevention, detection, evidence preservation, and reporting of
criminal activities in the international maritime environment.
Subsection (b) states that the standards established by the
Secretary shall include the training and certification of
vessel security personnel and crewmembers, including
recommendations for incorporating a background check process
for personnel trained and certified in foreign countries. The
standards shall also include the training of students and
instructors in all aspects of the prevention and detection of
crime and the preservation of evidence.
Subsection (c) provides that beginning two years after the
standards are established, no vessel to which the section
applies may enter a U.S. port on a voyage or voyage segment on
which a U.S. citizen is a passenger unless there is at least
one crewmember on board who is certified as having successfully
completed the required training.
Subsection (d) states that no vessel to which the
subsection applies may enter a U.S. port on a voyage or voyage
segment on which a U.S. citizen is a passenger unless there is
at least one crewmember on board who is properly trained in the
prevention and detection of crime and the preservation of
evidence.
Subsection (e) provides that any person that violates this
section or any regulation under this section shall be liable
for a civil penalty of not more than $50,000.
Subsection (f) authorizes the Secretary to deny entry into
the United States to a vessel to which this section applies if
the owner commits an act or omission for which a penalty may be
imposed, or fails to pay an imposed penalty.
Sec. 4. Study and report on the security needs of passenger vessels
This section requires that, within three months after the
date of enactment of this Act, the Secretary shall conduct a
study of the security needs of passenger vessels and report the
findings of the study to Congress.
Legislative History and Committee Consideration
In the 110th Congress, on March 27, 2007, the Subcommittee
held a hearing entitled ``Crimes Against Americans on Cruise
Ships''. On September 19, 2007, the Subcommittee held a follow-
up hearing entitled ``Cruise Ship Security Practices and
Procedures''. On June 26, 2008, Representative Doris O. Matsui
introduced H.R. 6408, the ``Cruise Vessel Security and Safety
Act of 2008''.
In the 111th Congress, on July 28, 2009, Representative
Doris O. Matsui introduced H.R. 3360. On July 30, 2009, the
Committee on Transportation and Infrastructure met in open
session and ordered the bill reported favorably to the House by
voice vote with a quorum present.
In the Senate, on March 12, 2009, Senator John Kerry
introduced S. 588, the ``Cruise Vessel Security and Safety Act
of 2009''. On September 8, 2009, the Committee on Commerce,
Science, and Transportation ordered S. 588, as amended,
reported favorably to the Senate.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 3360 or ordering the bill reported.
A motion to order H.R. 3360 reported favorably to the House was
agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
ensure passenger security and safety aboard cruise ships.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 3360
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 19, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3360, the Cruise
Vessel Security and Safety Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
Enclosure.
H.R. 3360--Cruise Vessel Security and Safety Act of 2009
H.R. 3360 would address the safety of passengers and crew
members on cruise vessels. The bill would require the U.S.
Coast Guard to promulgate safety regulations, develop training
curricula for cruise-ship personnel, and establish
certification and inspection procedures to facilitate
enforcement.
Based on information provided by the agency and assuming
the availability of appropriated funds, CBO estimates that
those activities would cost about $5 million over the 2010-2014
period. The bill also would establish new criminal and civil
penalties, but CBO estimates that any resulting new revenues
(from penalties) or related direct spending (of criminal
penalties from the Crime Victims Fund) would be less than
$500,000 annually.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 3360 would impose private-sector mandates, as defined
in UMRA, on owners and operators of certain cruise vessels that
use U.S. ports. Cruise lines that own and operate those vessels
would be required to meet certain safety standards, post
information about the location of U.S. embassies and consulates
for countries on the voyage itinerary, and limit crew access to
passenger cabins. The bill also would require cruise lines to
maintain a log book of alleged crimes, report suspected
criminal activities that occur on their vessels to the
appropriate law enforcement authorities, and provide online
access to data on criminal acts that occur on cruise vessels.
In addition, the bill would require cruise lines to adhere to
specific procedures when assisting victims of a sexual assault
and to carry certain medical supplies and equipment designated
for use in such cases. Lastly, cruise lines would be required
to have at least one crewmember trained in crime scene
investigation onboard while the vessel is in service.
According to the Maritime Administration and the U.S. Coast
Guard, between 125 and 150 cruise vessels that access U.S.
ports would have to comply with the requirements in the bill.
Industry representatives indicate that those vessels already
comply with most of the bill's requirements and that any needed
adjustments in current practice would likely be minor. CBO
therefore expects that the incremental costs of the mandates
would fall below the annual threshold established in UMRA for
private-sector mandates ($139 million in 2009, adjusted
annually for inflation).
On July 29, 2009, CBO transmitted a cost estimate for S.
588, the Cruise Vessel Security and Safety Act of 2009, as
ordered reported by the Senate Committee on Commerce, Science,
and Transportation on July 8, 2009. S. 588 and H.R. 3360 are
similar, and the CBO estimates are the same.
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs) and Jacob Kuipers and Amy Petz (for the
private-sector impact). The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
3360 does not contain any earmarks, limited tax benefits, or
limited tariff benefits under clause 9(e), 9(f), or 9(g) of
rule XXI.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3360 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
CHAPTER 35 OF TITLE 46, UNITED STATES CODE
CHAPTER 35--CARRIAGE OF PASSENGERS
Sec.
3501. Number of passengers.
* * * * * * *
3507. Passenger vessel security and safety requirements.
3508. Crime scene preservation training for passenger vessel crew
members.
* * * * * * *
Sec. 3507. Passenger vessel security and safety requirements
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--
(1) In general.--Each vessel to which this subsection
applies shall comply with the following design and
construction standards:
(A) The vessel shall be equipped with ship
rails that are located not less than 42 inches
above the cabin deck.
(B) Each passenger stateroom and crew cabin
shall be equipped with entry doors that include
peep holes or other means of visual
identification.
(C) For any vessel the keel of which is laid
after the date of enactment of the Cruise
Vessel Security and Safety Act of 2009, each
passenger stateroom and crew cabin shall be
equipped with--
(i) security latches; and
(ii) time-sensitive key technology.
(D) The vessel shall integrate technology
that can be used for capturing images of
passengers or detecting passengers who have
fallen overboard, to the extent that such
technology is available.
(E) The vessel shall be equipped with a
sufficient number of operable acoustic hailing
or other such warning devices to provide
communication capability around the entire
vessel when operating in high risk areas (as
defined by the United States Coast Guard).
(2) Fire safety codes.--In administering the
requirements of paragraph (1)(C), the Secretary shall
take into consideration fire safety and other
applicable emergency requirements established by the
U.S. Coast Guard and under international law, as
appropriate.
(3) Effective date.--
(A) In general.--Except as provided in
subparagraph (B), the requirements of paragraph
(1) shall take effect 18 months after the date
of enactment of the Cruise Vessel Security and
Safety Act of 2009.
(B) Latch and key requirements.--The
requirements of paragraph (1)(C) take effect on
the date of enactment of the Cruise Vessel
Security and Safety Act of 2009.
(b) Video Recording.--
(1) Requirement to maintain surveillance.--The owner
of a vessel to which this section applies shall
maintain a video surveillance system to assist in
documenting crimes on the vessel and in providing
evidence for the prosecution of such crimes, as
determined by the Secretary.
(2) Access to video records.--The owner of a vessel
to which this section applies shall provide to any law
enforcement official performing official duties in the
course and scope of an investigation, upon request, a
copy of all records of video surveillance that the
official believes may provide evidence of a crime
reported to law enforcement officials.
(c) Safety Information.--The owner of a vessel to which this
section applies shall provide in each passenger stateroom, and
post in a location readily accessible to all crew and in other
places specified by the Secretary, information regarding the
locations of the United States embassy and each consulate of
the United States for each country the vessel will visit during
the course of the voyage.
(d) Sexual Assault.--The owner of a vessel to which this
section applies shall--
(1) maintain on the vessel adequate, in-date supplies
of anti-retroviral medications and other medications
designed to prevent sexually transmitted diseases after
a sexual assault;
(2) maintain on the vessel equipment and materials
for performing a medical examination in sexual assault
cases to evaluate the patient for trauma, provide
medical care, and preserve relevant medical evidence;
(3) make available on the vessel at all times medical
staff who have undergone a credentialing process to
verify that he or she--
(A) possesses a current physician's or
registered nurse's license and--
(i) has at least 3 years of post-
graduate or post-registration clinical
practice in general and emergency
medicine; or
(ii) holds board certification in
emergency medicine, family practice
medicine, or internal medicine;
(B) is able to provide assistance in the
event of an alleged sexual assault, has
received training in conducting forensic sexual
assault examination, and is able to promptly
perform such an examination upon request and
provide proper medical treatment of a victim,
including administration of anti-retroviral
medications and other medications that may
prevent the transmission of human
immunodeficiency virus and other sexually
transmitted diseases; and
(C) meets guidelines established by the
American College of Emergency Physicians
relating to the treatment and care of victims
of sexual assault;
(4) prepare, provide to the patient, and maintain
written documentation of the findings of such
examination that is signed by the patient; and
(5) provide the patient free and immediate access
to--
(A) contact information for local law
enforcement, the Federal Bureau of
Investigation, the United States Coast Guard,
the nearest United States consulate or embassy,
and the National Sexual Assault Hotline program
or other third party victim advocacy hotline
service; and
(B) a private telephone line and Internet-
accessible computer terminal by which the
individual may confidentially access law
enforcement officials, an attorney, and the
information and support services available
through the National Sexual Assault Hotline
program or other third party victim advocacy
hotline service.
(e) Confidentiality of Sexual Assault Examination and Support
Information.--The master or other individual in charge of a
vessel to which this section applies shall--
(1) treat all information concerning an examination
under subsection (d) confidential, so that no medical
information may be released to the cruise line or other
owner of the vessel or any legal representative thereof
without the prior knowledge and approval in writing of
the patient, or, if the patient is unable to provide
written authorization, the patient's next-of-kin,
except that nothing in this paragraph prohibits the
release of--
(A) information, other than medical findings,
necessary for the owner or master of the vessel
to comply with the provisions of subsection (g)
or other applicable incident reporting laws;
(B) information to secure the safety of
passengers or crew on board the vessel; or
(C) any information to law enforcement
officials performing official duties in the
course and scope of an investigation; and
(2) treat any information derived from, or obtained
in connection with, post-assault counseling or other
supportive services confidential, so no such
information may be released to the cruise line or any
legal representative thereof without the prior
knowledge and approval in writing of the patient, or,
if the patient is unable to provide written
authorization, the patient's next-of-kin.
(f) Crew Access to Passenger Staterooms.--The owner of a
vessel to which this section applies shall--
(1) establish and implement procedures and
restrictions concerning--
(A) which crew members have access to
passenger staterooms; and
(B) the periods during which they have that
access; and
(2) ensure that the procedures and restrictions are
fully and properly implemented and periodically
reviewed.
(g) Log Book and Reporting Requirements.--
(1) In general.--The owner of a vessel to which this
section applies shall--
(A) record in a log book, either
electronically or otherwise, in a centralized
location readily accessible to law enforcement
personnel, a report on--
(i) all complaints of crimes
described in paragraph (3)(A)(i),
(ii) all complaints of theft of
property valued in excess of $1,000,
and
(iii) all complaints of other crimes,
committed on any voyage that embarks or
disembarks passengers in the United States; and
(B) make such log book available upon request
to any agent of the Federal Bureau of
Investigation, any member of the United States
Coast Guard, and any law enforcement officer
performing official duties in the course and
scope of an investigation.
(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
(A) the vessel operator;
(B) the name of the cruise line;
(C) the flag under which the vessel was
operating at the time the reported incident
occurred;
(D) the age and gender of the victim and the
accused assailant;
(E) the nature of the alleged crime or
complaint, as applicable, including whether the
alleged perpetrator was a passenger or a crew
member;
(F) the vessel's position at the time of the
incident, if known, or the position of the
vessel at the time of the initial report;
(G) the time, date, and method of the initial
report and the law enforcement authority to
which the initial report was made;
(H) the time and date the incident occurred,
if known;
(I) the total number of passengers and the
total number of crew members on the voyage; and
(J) the case number or other identifier
provided by the law enforcement authority to
which the initial report was made.
(3) Requirement to report crimes and other
information.--
(A) In general.--The owner of a vessel to
which this section applies (or the owner's
designee)--
(i) shall contact the nearest Federal
Bureau of Investigation Field Office or
Legal Attache by telephone as soon as
possible after the occurrence on board
the vessel of an incident involving
homicide, suspicious death, a missing
United States national, kidnapping,
assault with serious bodily injury, any
offense to which section 2241, 2242,
2243, or 2244 (a) or (c) of title 18
applies, firing or tampering with the
vessel, or theft of money or property
in excess of $10,000 to report the
incident;
(ii) shall furnish a written report
of the incident to the Secretary via an
Internet based portal;
(iii) may report any serious incident
that does not meet the reporting
requirements of clause (i) and that
does not require immediate attention by
the Federal Bureau of Investigation via
the Internet based portal maintained by
the Secretary of Transportation; and
(iv) may report any other criminal
incident involving passengers or crew
members, or both, to the proper State
or local government law enforcement
authority.
(B) Incidents to which subparagraph (A)
applies.--Subparagraph (A) applies to an
incident involving criminal activity if--
(i) the vessel, regardless of
registry, is owned, in whole or in
part, by a United States person,
regardless of the nationality of the
victim or perpetrator, and the incident
occurs when the vessel is within the
admiralty and maritime jurisdiction of
the United States and outside the
jurisdiction of any State;
(ii) the incident concerns an offense
by or against a United States national
committed outside the jurisdiction of
any nation;
(iii) the incident occurs in the
Territorial Sea of the United States,
regardless of the nationality of the
vessel, the victim, or the perpetrator;
or
(iv) the incident concerns a victim
or perpetrator who is a United States
national on a vessel during a voyage
that departed from or will arrive at a
United States port.
(4) Availability of incident data via internet.--
(A) Website.--The Secretary of Transportation
shall maintain a statistical compilation of all
incidents described in paragraph (3)(A)(i) on
an Internet site that provides a numerical
accounting of the missing persons and alleged
crimes recorded in each report filed under
paragraph (3)(A)(i) that are no longer under
investigation by the Federal Bureau of
Investigation. The data shall be updated no
less frequently than quarterly, aggregated by--
(i) cruise line, with each cruise
line identified by name; and
(ii) whether each crime was committed
by a passenger or a crew member.
(B) Access to website.--Each cruise line
taking on or discharging passengers in the
United States shall include a link on its
Internet website to the website maintained by
the Secretary under subparagraph (A).
(h) Enforcement.--
(1) Penalties.--
(A) Civil penalty.--Any person that violates
this section or a regulation under this section
shall be liable for a civil penalty of not more
than $25,000 for each day during which the
violation continues, except that the maximum
penalty for a continuing violation is $50,000.
(B) Criminal penalty.--Any person that
willfully violates this section or a regulation
under this section shall be fined not more than
$250,000 or imprisoned not more than 1 year, or
both.
(2) Denial of entry.--The Secretary may deny entry
into the United States to a vessel to which this
section applies if the owner of the vessel--
(A) commits an act or omission for which a
penalty may be imposed under this subsection;
or
(B) fails to pay a penalty imposed on the
owner under this subsection.
(i) Procedures.--Within 6 months after the date of enactment
of the Cruise Vessel Security and Safety Act of 2009, the
Secretary shall issue guidelines, training curricula, and
inspection and certification procedures necessary to carry out
the requirements of this section.
(j) Regulations.--The Secretary of Transportation and the
Commandant shall each issue such regulations as are necessary
to implement this section.
(k) Application.--
(1) In general.--This section and section 3508 apply
to a passenger vessel (as defined in section 2101(22))
that--
(A) is authorized to carry at least 250
passengers;
(B) has onboard sleeping facilities for each
passenger;
(C) is on a voyage that embarks or disembarks
passengers in the United States; and
(D) is not engaged on a coastwise voyage.
(2) Federal and state vessels.--This section and
section 3508 do not apply to a vessel that is owned and
operated by the United States Government or a vessel
that is owned and operated by a State.
(l) Owner Defined.--In this section and section 3508, the
term ``owner'' means the owner, charterer, managing operator,
master, or other individual in charge of a vessel.
Sec. 3508. Crime scene preservation training for passenger vessel crew
members
(a) In General.--Within 1 year after the date of enactment of
the Cruise Vessel Security and Safety Act of 2009, the
Secretary, in consultation with the Director of the Federal
Bureau of Investigation and the Maritime Administrator, shall
develop training standards and curricula to allow for the
certification of passenger vessel security personnel, crew
members, and law enforcement officials on the appropriate
methods for prevention, detection, evidence preservation, and
reporting of criminal activities in the international maritime
environment. The Administrator of the Maritime Administration
may certify organizations in the United States and abroad that
offer the curriculum for training and certification under
subsection (c).
(b) Minimum Standards.--The standards established by the
Secretary under subsection (a) shall include--
(1) the training and certification of vessel security
personnel, crew members, and law enforcement officials
in accordance with accepted law enforcement and
security guidelines, policies, and procedures,
including recommendations for incorporating a
background check process for personnel trained and
certified in foreign countries;
(2) the training of students and instructors in all
aspects of prevention, detection, evidence
preservation, and reporting of criminal activities in
the international maritime environment; and
(3) the provision or recognition of off-site training
and certification courses in the United States and
foreign countries to develop and provide the required
training and certification described in subsection (a)
and to enhance security awareness and security
practices related to the preservation of evidence in
response to crimes on board passenger vessels.
(c) Certification Requirement.--Beginning 2 years after the
standards are established under subsection (b), no vessel to
which this section applies may enter a United States port on a
voyage (or voyage segment) on which a United States citizen is
a passenger unless there is at least 1 crew member onboard who
is certified as having successfully completed training in the
prevention, detection, evidence preservation, and reporting of
criminal activities in the international maritime environment
on passenger vessels under subsection (a).
(d) Interim Training Requirement.--No vessel to which this
section applies may enter a United States port on a voyage (or
voyage segment) on which a United States citizen is a passenger
unless there is at least 1 crew member onboard who has been
properly trained in the prevention, detection, evidence
preservation and the reporting requirements of criminal
activities in the international maritime environment. The owner
of such a vessel shall maintain certification or other
documentation, as prescribed by the Secretary, verifying the
training of such individual and provide such documentation upon
request for inspection in connection with enforcement of the
provisions of this section. This subsection shall take effect 1
year after the date of enactment of the Cruise Vessel Safety
and Security Act of 2009 and shall remain in effect until
superseded by the requirements of subsection (c).
(e) Civil Penalty.--Any person that violates this section or
a regulation under this section shall be liable for a civil
penalty of not more than $50,000.
(f) Denial of Entry.--The Secretary may deny entry into the
United States to a vessel to which this section applies if the
owner of the vessel--
(1) commits an act or omission for which a penalty
may be imposed under subsection (e); or
(2) fails to pay a penalty imposed on the owner under
subsection (e).
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